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2010-01-26MOUND HOUSING AND REDEVELOPMENT AUTHORITY JANUARY 26, 2010 The Mound Housing and Redevelopment Authority in and for the City of Mound met in regular session on Tuesday, January 26, 2010 at 7:20 p.m. in the council chambers of city hall. Members present: Chair Mark Hanus; Commissioners David Osmek, Ray Salazar, Heidi Gesch, and Greg Skinner. Others present: Executive Director Kandis Hanson, Community Development Director Sarah Smith. 1. Open meeting Chair Hanus called the meeting to order at 7:20 p.m. 2. Approve agenda MOTION by Osmek, seconded by Gesch to approve the agenda. All voted in favor. Motion carried. 3. Approve minutes MOTION by Osmek, seconded by Salazar to approve the minutes of the January 12, 2010 meeting. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: None. Skinner abstained from voting because he was absent from that meeting. Motion carried. 4. Approve claims MOTION by Gesch, seconded by Salazar to approve payment of claims in the amount of $3,371.63. All voted in favor. Motion carried. 5. Certificate of Completion for Mound Visions 2 nd Addition Sarah Smith explained that pursuant to the Amended and Restated Contract for Private Redevelopment by and between the HRA and MetroPlains, she has drafted a resolution for the Board's consideration that relates to issuance of a Certificate of Completion for the constructed improvements. This action is being requested following a request by a closing agent, as it is required for an upcoming sale in the Village by the Bay neighborhood. Hanus stated there were complaints raised regarding lack of curb cuts in the mall area and he doesn't see this addressed in the agreement, and questioned if not, does this meet Mound, State and ADA requirements. If this does not meet requirements he doesn't feel this resolution should be adopted. Smith suggested issuing the Certificate for the residential component, and holding off on the commercial portion until this can be resolved. Osmek asked if there was a timing issue on this topic and Smith stated that the closing is scheduled for January 29. Skinner feels that it should be remedied before any certificate is issued. MOTION by Osmek, seconded by Salazar to recess the HRA meeting until after the Council meeting so that Smith could amend the resolution to include the residential component only. All voted in favor. Motion carried. Meeting recessed at 7:31 p.m., and reconvened at 9:01 p.m. Smith presented a revised resolution that, rather than calling out the entire Mound Visioins 2 " Addition, the contract specifically includes two components, the 99 residential units, and the 67,000 sq. ft. commercial component. She recommended taking action on the resolution addressing the residential component and the commercial component will be addressed at a future time. 1 Hanus suggested addressing it as amended, and have John Dean review it for legal descriptions, etc., that can be addressed at a later date. MOTION by Osmek, seconded by Hanus to approve the draft resolution contingent upon city Attorney legal review, with the intent of the Council that this is only to address the residential component and not address the commercial component with final draft to be included in the next Council packet. Hanus offered an amendment, that if there's a serious change it will be brought back to Council, but if housekeeping changes, i.e., clarity of legal descriptions, that can be done without further council approval. Osmek stated that the intent is to allow latitude for legal descriptions to be included or modified as well as any grammar, and adjustments to be made that is not germane to the intent, which is to deal with the residential component in a brief and speed fashion. Both Osmek and Hanus agree to above. All voted in favor. Motion carried. RESOLUTION NO 10 -03H: RESOLUTION APPROVING CERTIFICATE OF COMPLETION FOR THE RESIDENTIAL COMPONENT OF THE REDEVELOPMENT PROJECT MOUND VISIONS 2 ND ADDITION IN ACCORDANCE WITH THE AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE MOUND HOUSING AND REDEVELOMENT AUTHORITY IN AND FOR THE CITY OF MOUND AND METROPLAINS DEVELOPMENT 6. Adjourn MOTION by Osmek, seconded by Gesch to adjourn at 9:08 p.m. All voted in favor. Motion carried. f Attest: Bonnie Ritter, City Clerk Chair Mark Hanus 1 MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 10 -03H RESOLUTION APPROVING CERTIFICATE OF COMPLETION FOR THE RESIDENTIAL COMPONENT OF THE REDEVELOPMENT PROJECT MOUND VISIONS 2 ND ADDITION IN ACCORDANCE WITH THE AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE MOUND HOUSING AND REDEVELOMENT AUTHORITY IN AND FOR THE CITY OF MOUND AND METROPLAINS DEVELOPMENT WHEREAS, the Mound Housing and Redevelopment Authority (the HRA) and MetroPlains Development LLC (the Redeveloper) entered into a Contract for Private Redevelopment on December 4, 2000, which was amended by a First Amendment to Private Redevelopment on March 13, 2001. The Amended and Restated Contract for Private Redevelopment was approved on January 8, 2002; and WHEREAS, Section 4.7 of the Amended and Restated Contract for Private Development states that the HRA, upon notification by the Redeveloper, will provide a Certificate of Completion following substantial completion of the Minimum Improvements for the Residential Component as referenced in the Contract; and WHEREAS, Section 1.1 of the Amended and Restated Contract for Private Development defines the Minimum Improvements as "the improvements to be constructed by Redeveloper on the Redevelopment Property. The Minimum Improvements are expected to include approximately 99 residential units and related site improvements and amenities (the "Residential Component'); and WHEREAS, the Redeveloper has fully constructed the Minimum Improvements for the Residential Component and a copy the Certificate of Completion is included as Exhibit A . NOW THEREFORE BE IT RESOLVED of the Housing and Redevelopment Authority (HRA) of the City of Mound, Minnesota as follows: 1. The Certificate of Completion, in substantially the form of Exhibit A , is approved for the Residential Component of the Redevelopment Property and shall be made subject to any and or all comments from the HRA, the City Attorney, and Staff. 2. The Chair and Executive Director are hereby authorized and directed to execute the Certificate of Completion for the Residential Component on behalf of the Housing and Redevelopment Authority including preparation in recordable form. 3. The Certificate of Completion for the Residential Component of the Redevelopment Property for the following described property is hereby approved: Mound Visions 2" Addition, except Lot 1, Block 1 and Outlot A, according to the recorded plat thereof, Hennepin County, Minnesota. 4. The HRA shall not be responsible for recording the Certificate of Completion nor shall it be responsible for any involved fees related to this activity. Adopted by the Mound HRA this 26 day of January 201 . Chair Mayor Hanus Attest: Bonnie Ritter, City Clerk Exhibit A Certificate of Completion The undersigned hereby certifies that MetroPlains Development LLC, a Minnesota limited liability company, has fully and completely complied with its obligations under Article IV of that document entitled "Amended and Restated Contract for Private Redevelopment ", dated January 8, 2002, between The Housing and Redevelopment Authority in and for the City of Mound, and MetroPlains Development LLC, a Minnesota limited liability company, with respect to construction of the Minimum Improvements for the Residential Component of the Redevelopment Project located on the tract of land described in the attached Exhibit A in accordance with the requirements of such document and is released and forever discharged from its obligations to construct the Minimum Improvements on such Residential Component under such above - referenced Article on the above - referenced tract. DATED: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND By Its Chairperson 'mil Its Executive Director STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2010, by and , the Chairperson and Executive Director, respectively, on behalf of the Housing and Redevelopment Authority in and for the City of Mound, MN. Notary Public THIS INSTRUMENT DRAFTED BY: City of Mound 5341 Maywood Road Mound, MN 55364 1 L' 1 f Exhibit A to Certificate of Completion Legal Description Mound Visions 2nd Addition, except Lot 1, Block 1 and Outlot A, according to the recorded plat thereof, Hennepin County, Minnesota.